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Associated Press butts heads with BCS

By The Associated Press

NEW YORK � The Associated Press has told the Bowl Championship Series to stop using its college football poll to determine which teams play for the national title and in the most prestigious bowl games.

The BCS has used the AP poll of 65 writers and broadcasters as a component in its rankings since the system was implemented by officials from the Big East, Big 12, Big Ten, Atlantic Coast Conference, Pac-10, Southeastern Conference and Notre Dame in 1998.

The AP said such use was never sanctioned and had reached the point where it threatened to undermine the independence and integrity of the poll.

The AP sent BCS coordinator Kevin Weiberg a cease-and-desist letter, dated Dec. 21, stating that use of the poll is unlawful and harms the AP's reputation.

``We respect the decision of the Associated Press to no longer have its poll included in the BCS standings,'' Weiberg said in a statement Tuesday. ``Since the inception of the BCS, the AP poll has been part of our standings. We appreciate the cooperation we have received from the organization in providing rankings on a weekly basis. We will discuss alternatives to the Associated Press poll at the upcoming BCS meetings and plan to conclude our evaluation of the BCS standings formula, including any other possible changes, by our April meeting.''

In its letter, the AP said some of its poll voters had indicated they might no longer participate because of concerns over having their reporters be so closely involved in the process of determining which teams play where.

``By stating that the AP poll is one of the three components used by BCS to establish its rankings, BCS conveys the impression that AP condones or otherwise participates in the BCS system,'' the letter said. ``Furthermore, to the extent that the public does not fully understand the relationship between BCS and AP, any animosity toward BCS may get transferred to AP. And to the extent that the public has equated or comes to equate the AP poll with the BCS rankings, the independent reputation of the AP poll is lost.''

This season, the AP poll and USA Today/ESPN coaches poll were given more weight than ever in the BCS standings. Each poll accounted for one-third of a team's BCS grade and total points were factored in, not just ranking, which was the case before.

A compilation of six computer rankings made up the final third of team's BCS grade.

That system was installed after Southern California, the No. 1 team in both the media and coaches poll, was left out of the BCS title game last season. LSU beat Oklahoma for the BCS title, and USC won the AP title, creating the type of split championship situation that, in part, the BCS was created to avoid.

But the new system has also come under fire.

Text of The Associated Press statement on the Bowl Championship Series:

"The Associated Press has not at any time given permission to the Bowl Championship Series to use its proprietary ranking of college football teams. This unauthorized use of the AP poll has harmed AP's reputation and interfered with AP's agreements with AP poll voters. To preserve its reputation for honesty and integrity, the AP is asking the BCS to discontinue its unauthorized use of the AP poll as a component of BCS rankings."

For the first time in the BCS era, three teams from major conferences � Southern Cal, Oklahoma and Auburn � finished unbeaten in the regular season. Auburn was left out of the Orange Bowl with the same 12-0 record that USC and Oklahoma had.

More criticism came when Texas passed California for the last at-large bid in the final BCS standings.

``The Associated Press has not at any time given permission to the Bowl Championship Series to use its proprietary ranking of college football teams,'' the AP said in a statement Tuesday. ``This unauthorized use of the AP poll has harmed AP's reputation and interfered with AP's agreements with AP poll voters. To preserve its reputation for honesty and integrity, the AP is asking the BCS to discontinue its unauthorized use of the AP poll as a component of BCS rankings.''

The BCS system also created heightened scrutiny of the two polls.

All ballots in the coaches poll are secret, despite numerous calls to release them, including from Pac-10 commissioner Tom Hansen and Cal coach Jeff Tedford.

The AP votes are public information, and the final individual ballots are published the same day as the final BCS standings.

Where the BCS goes from here won't be determined for a while, but recently Weiberg and Big East commissioner Mike Tranghese have said the BCS would look into the possibility of using a selection committee to create the bowl matchups, much like the NCAA Division I basketball tournament.

TEXT OF 'CEASE AND DESIST' LETTER FROM AP TO BCS

Text of the letter sent Dec. 21 from The Associated Press to Bowl Championship Series coordinator Kevin Weiberg:

Re: BCS Unlawful Use of the AP Poll

Dear Mr. Weiberg:

The Associated Press (``AP'') has become aware of your unauthorized and unlawful use of AP's college football poll results (the ``AP Poll'') in preparing the Bowl Championship Series (``BCS'') rankings of college football teams. Due to the process by which the BCS rankings are determined, your forced association of the AP Poll with BCS has harmed AP's reputation and has interfered with AP's agreements with the AP Poll voters some of whom have indicated that they may no longer participate in the AP Poll due to BCS's use of the AP Poll. Similarly, BCS's incorporation of the AP Poll into its rankings violates AP's copyright in the AP Poll, and misappropriates the effort that AP expended in producing the AP Poll.

As you are no doubt aware, AP and BCS have had several discussions in which BCS has requested that AP assist it in preparing its rankings. AP has denied BCS's requests each time.

BCS's continued use of the AP Poll interferes with AP's ability to produce the AP Poll and undermines the integrity and validity of the AP Poll. BCS has damaged and continues to damage AP's reputation for honesty and integrity in its news accounts through the forced association of the AP Poll with the BCS rankings. By stating that the AP Poll is one of the three components used by BCS to establish its rankings, BCS conveys the impression that AP condones or otherwise participates in the BCS system. Furthermore, to the extent that the public does not fully understand the relationship between BCS and AP, any animosity toward BCS may get transferred to AP. And to the extent that the public has equated or comes to equate the AP Poll with the BCS rankings, the independent reputation of the AP Poll is lost. BCS's actions violate AP's rights under the Lanham Act and state trademark and other laws. Additionally, as briefly noted above, several AP Poll voters, or the news organizations for which they work, have indicated an intention to not participate in the AP Poll for so long as BCS uses the AP Poll in producing the BCS rankings. BCS's continued use of the AP Poll directly threatens the existence of the AP Poll.

BCS's systematic harvesting of the facts gathered at great effort and expense by AP allows BCS to easily produce its rankings without expending such effort. BCS free-rides both on AP's investment in gathering the information contained in the AP Poll, and on the relationships that allow AP to conduct the AP Poll. In addition, the AP Poll is protected under the Copyright Act of 1976, 17 U.S.C. � 101, et seq. BCS's unauthorized incorporation of the AP Poll into the BCS rankings directly infringes AP's copyrights and is not exempted from infringement by any provision of copyright law.

AP hereby demands that BCS immediately cease and desist from all current and future use of the AP Poll in producing the BCS rankings and that BCS confirm to AP that it has done so by December 31, 2004. AP reserves all rights with regard to BCS's actions.

We look forward to your response. Please direct all future correspondence on this matter to me or to AP's legal department.
 

TEXT OF ASSOCIATED PRESS STATEMENT ON THE BCS

"The Associated Press has not at any time given permission to the Bowl Championship Series to use its proprietary ranking of college football teams. This unauthorized use of the AP poll has harmed AP's reputation and interfered with AP's agreements with AP poll voters. To preserve its reputation for honesty and integrity, the AP is asking the BCS to discontinue its unauthorized use of the AP poll as a component of BCS rankings."

02/23/07 10:40 AM

�2004 The Associated Press. All rights rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Bonesville.net contributed to this report.

 

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